Firsty v. De Thomasis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCasey, J.
Appeal from an order of the Supreme Court (Cheeseman, J.), entered January 11, 1991 in Albany County, which denied defendant’s motion for summary judgment dismissing the complaint.
Inasmuch as the facts are undisputed, the issue in this case is whether plaintiff has the right to an implied easement over property owned by defendant. We conclude that plaintiff has an implied easement of access and, therefore, Supreme Court’s judgment should be affirmed.
*840In 1914 a large parcel of property on the south side of Western Avenue in the City of Albany was subdivided pursuant to the Boulevard Terrace…
2Cases cited9 opinions
- City of Tonawanda v. Ellicott Creek Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Consolidated Rail Corp. v. MASP Equipment Corp.New York Court of Appeals · 1986
- Fischer v. LiebmanAppellate Division of the Supreme Court of the State of New York · 1988
- City of Albany v. StateNew York Court of Appeals · 1971
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3Cited by15 opinions
- Wagman v. Village of CatskillAppellate Division of the Supreme Court of the State of New York · 1995
- Palma v. MastroianniAppellate Division of the Supreme Court of the State of New York · 2000
- B.J. 96 Corp. v. MesterAppellate Division of the Supreme Court of the State of New York · 1995
- Dewey v. GardnerAppellate Division of the Supreme Court of the State of New York · 1998
- Nassau Point Property Owners Ass'n v. TiradoAppellate Division of the Supreme Court of the State of New York · 2006
10 more not listed; retrieve them via the Exa API.